Winter 2005

FEATURES

Land Use Litigation is Different….Anderson

Land use litigation differs from traditional litigation. This essay identifies at least some of the differences and the resulting differences in approach.

Forensic Psychological Evaluations: The Methods in Our Madness…. Powell & Holt

You meet your client, Leo, in the court holding cell. His large frame is shackled and clothed in torn pants and a filthy Yankees cap, worn backwards. Your olfactory sense alerts you to his recent drinking and forgetful hygiene. His face conveys confusion, apprehension and fear, as he looks at you without recognition.

Retrospective on 1984: The Island Pond Raid – What We know Now That We Didn’t Know Then… Swantko

Twenty-one years ago I was a public defender in our Northeast Kingdom. Assigned to represent a member of the so-called “Northeast Kingdom Community Church” in August, 1983, meant that I was involved in a :”church case.” There were numerous such cases back then: custody cases, truancy cases, divorce cases, simple assault cases, but none so monumental as the day the State of Vermont came to take the children from the Church in Island Pont – all of them. It was June 22, 1984

DEPARTMENTS

President’s Column. . . Gallagher

An Imaginary Interview with VBA’s First President, Edward Phelps

Lex Et Ratio, We Hold These Truths. . . Ryan

In 1960, John Courtney Murray, a Jesuit priest and scholar, published a collection of essays entitled We Hold These Truths: Catholic Reflections on the American Proposition.

Ruminations: The Ross Court: A Group Portrait. . . Gillies

Look at these faces, with their beards and mustaches, and stern faces. These are the seven members of the Ross Court. These is the Chief himself, with his long chin whiskers and clear eyes, Taft looking impatient, Munson tired, Thompson engaged, Tyler forthright, Rowell reserved, and Start almost diffident.

Yankee Justice: Hilton Wick: A Legal Career Leads to Banking . . . Downs

“I said to myself and to Barbara, I thought I might be able to earn $25 so I opened my office in October, 1948, in downtown Burlington.

Book Review ~ Employment Privacy. . . Sarvak

In his book, Privacy in Employment Law, Matthew Finkin covers six main areas of concern: medical screening; drug, tobacco and alcohol testing; psychological screening; interviews and background investigations; employee monitoring; and employee control.

The Parent of All Virtues. . .Keeva

If there is a quality or a trait that is common to all happy lawyers, I haven’t found it yet.

Coach’s Corner. . . Romano

My clients sometimes complain that I don’t return their phone calls.

In Memorandum